[2018] KEELC 3153 (KLR)
The court found that the Plaintiff's application was unopposed and, upon consideration of the supporting affidavit and annexures, allowed the application as prayed with costs to the Plaintiff. The absence of opposition and the sufficiency of the Plaintiff's supporting documents justified granting the interlocutory...
Source-derived case information.
- Citation
- [2018] KEELC 3153 (KLR)
- Parties
- Plaintiff: James Reriani Gachagua; Defendant: Hon. Attorney General; Defendant: Permanent Secretary (Ministry of Interior & Co-ordination of National Government); Defendant: Inspector General of Police; Defendant: Chairman (C.D.F) Embakasi West Constituency; Defendant: Hon. George Theuri (M.P. Embakasi West); Defendant: Hon. Martin Kinyanjui (M.C.A Mowlem Ward); Interested Party: Equity Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 234 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- Application allowed as unopposed with costs to the Plaintiff.
- Legal Topics
- Interlocutory Injunctions, Notice of Motion, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Reriani Gachagua
Plaintiff
Hon. Attorney General
Defendant
Permanent Secretary (Ministry of Interior & Co-ordination of National Government)
Defendant
Inspector General of Police
Defendant
Chairman (C.D.F) Embakasi West Constituency
Defendant
Hon. George Theuri (M.P. Embakasi West)
Defendant
Hon. Martin Kinyanjui (M.C.A Mowlem Ward)
Defendant
Equity Bank Limited
Interested Party
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Plaintiff is entitled to the interlocutory orders sought in the Notice of Motion dated 5/4/2017.
Ratio Decidendi
The court found that the Plaintiff's application was unopposed and, upon consideration of the supporting affidavit and annexures, allowed the application as prayed with costs to the Plaintiff. The absence of opposition and the sufficiency of the Plaintiff's supporting documents justified granting the interlocutory relief sought.
Court Disposition
Application allowed as unopposed with costs to the Plaintiff.
Orders
- The Plaintiff's Notice of Motion dated 5/4/2017 is allowed as unopposed.
- Costs awarded to the Plaintiff.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 234 OF 2017
JAMES RERIANI GACHAGUA......................................................PLAINTIFF
VERSUS
HON. ATTORNEY GENERAL..............................................1ST DEFENDANT
PERMANENT SECRETARY).................................................2ND DEFENDANT
(Ministry of Interior & Co-ordination
of National Government
INSPECTOR GENERAL OF POLICE...................................3RD DEFENDANT
CHAIRMAN (C.D.F)
Embakasi West Constituency..................................................... 4THDEFENDANT
HON. GEORGE THEURI (M.P. Embakasi West).................5TH DEFENDANT
HON. MARTIN KINYANJUI
(M.C.A MOWLEM WARD.......................................................6TH DEFENDANT
EQUITY BANK LIMITED......................................THE INTERESTED PARTY
RULING
I have considered the Plaintiff’s Notice of Motion dated 5/4/2017 and the Supporting Affidavit and annexures. I have also considered the Interested Party’s Affidavit in support sworn on 29th May 2017.
This application is allowed as unopposed with costs to the Plaintiff.
SIGNED AND DATED BY LADY JUSTICE MARY M. GITUMBI AT NAIROBI THIS 24TH DAY OF APRIL 2018.
MARY M. GITUMBI
JUDGE
DELIVERED BY JUSTICE SAMSON O. OKONG’O AT NAIROBI THIS 3RD DAY OF MAY 2018.
SAMSON O. OKONG’O
PRESIDING JUDGE